The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-10-29
THE CASE CLOSED.
-
The Anarchists Last Appeal,
Yesterdays Arguments of Attor-
neys Before the Supreme Court.
Mr.. Grinnell Defends the Jury and
the Illinois Jury Laws.
Gen. Butler Makes a Remarkable
Speech for the Petitioners.
The Rights Of Foreign Born Residents
The Question OF seisure-The
Court Takes the Case
Under Advisement.

WASHINGTON, Oct. 2S,-Whcn the Unit
ed States supreme court assembled at noon
today Mr.. Attorney General Hunt, of ILL
nois, said that, as he had practically con-
cluded his argument when the court adj
journed yesterday afternoon he would not
speak further, but would allow his associ-
ate, Mr.. Grinneli, 10 continue the argu-
ment in opposition to The melton for writ
OF error.
Mr.. Grinnell said that il had not been
his intention TO take part in the oral argu-
ment, but having some familiarity with the
case he would make few suggestions, par
ticularly with reference TO the composition
OF the jury.
After reviewing briefly the ground COW
cred by the argument OF Attorney General
Hunt yesterday, Mr., Grinncll said that, 10
far as the composition OF the jury was con
ccrned, there was only one man on II to
whom any objection was raised by the de-
Tense, and that was the man Sanford, who
was the last juror selected. An attempt
had been made, he said 10 show that an
other juror, named Denker, had also been
objected 10, but in reply TO that IL was only
necessary TO say that al the time the juror
Dcnker was accepted the defense had the
right 10 make ll2 peremptory challenges.
II they had objected 10 him very strongly
they might have used one Of these pcremp-
tory challenges TO exclude him.
After reviewing at Some length the cases
Of Jurors Denker and Sanford, Mr.. Grin
nell said that every man on the jury was
duly qualified under the common law. Ii
was, he said with some feeling, a repre-
sentative American jury, ~ good and in
telligent jury IN was ever looked upon.
II was in no sense class jury. Three Of
the jurymen were men who labored with
their hands. One Of tlicm was man OF
foreign birth, and there WIS not capital
list among them.
With regard TO the unreasonable
search and seizure" Mr.. Grinnell said he
did not desire, and this was not the place,
10 apologize Tor anything that he had done
in this case. lie believed, however, that
i had always been rrsslried as proper 10
deprive n criminal oi the instruments of
his crime and to use such instruments ~
evidence against him. II had been done
when the pistol wus taken by force from
the assassin Guitcau, and, II he remembered
rightly, Guiteau's papcs had also been
seized
lie rccitcd the history Of the bomb
throwing in Chicago, and enumerated the
articles, such IN bombs, dynamite, etc,
which belonged 20 Spics, Lingg and
others Of the anarchists, and which had
been taken, not from their private houses,
but from the Arbitcr- Zeitung Office, the
headquarters Of the anarchist party. lie
maintained that the question was not how
did these articles get before the court, but
what did they prove, and again referred to
the case Of Kerr w. the People Of Illinois,
cited by the attorney general Of that State
yesterday.
After speaking about forty minutes, Mr..
Grinnell closed, and Gen. Butler rose and
objected 10 the latter part Of Mr.. Grinnell's
argument, ON the ground that Il went out
side Of the printed record and brought In
cxtrancous matter, 20 which no reference
had before been made. That this extra
ncous matter must be- popular with the
court, OF its introduction would not be- per
mitted. lie and his associates had been
taken by surprise, and hc must ask morc
time In order 20 70 into the case fully aud
show that the facts stated 10y Mr.. Grnnell
were not In the record II he should he
wrong, hchoped that lac would he corrected
by men who did not advocate aud defend
man stealing and property stealing. After
reviewing the circumstances Of the tragedy
In the Haymarkct In Chicago, and the trial
Of the prisoners, and contending, M Mr..
Tucker did yesterday, that the petit
TONERS had been deprived Of the priv
ilegcs and immunitis 81 Amer.
can citizenship ~ guaranteed by
the fourteenth amendment, Gen.
Butler proceeded 10 n consideration 81 the
special and peculiar questions raised by
the cases Of fioldcn and Spies, who arr
foreigners. lie contended that treaties
were the supreme law Of the land, aud
that these prisoners were entitled by yir-
tue u treaties with Germany and Great
Britain 30 all the rights aud privileges Of
American citizens nj the time such treaties
were made. A State had not power 10 try
these men by one of H. own laws, which
was not the law Of The land nj the time
the treaties were ratified lie did not
mean, he said, that n foreigner could
come into State and brrak liz laws with
impunity, aud that the state could not
touch him, but he tlid mean that the State
could only try him IN accordance with the
law Of the land-the whole land-at the
WV, WV 'N"sg WIN hH h''''"N"f WIZ
made. AL
This he said was IN important question
10 every American ciltEcn, because In NJ
turn for the concessions made by this gov
eminent Of the trcaty with Great Britain
the government OF that country had made
similar concessions b. ne. suppose that a
citizen Of the United States should 90 10
Ireland and should make some remarks
about the advantages. n q republican iorm
Of government and should be arrested and
tried by the crimes act, IN violation Of the
treaty. Would We no, stand mp and say
that this man must b. iricl by lair and
impartial jury--he must be tried ~ an
Englishman would have been tried Mt the
time the treaty was made, and that he
cannot DO dealt with in a more summary
way under later Law. u this should
happen, Gen. Butler said, hc hoped the
English authorities would not be able tQ
hold up 10 him dccision % the United
states supreme cohrt sustaining the right
TO Try mn Englishmnn b, The lotAl law OF =
State which was nothing bat swamp and
a bowling wilderness vt The time the treaty
was ratified.
Gen. Butler finished speaking, q, ~
o'clock pm, and Tho HDnri pfocceded WIN
the call Of the doelci.
II seems TO d No rr.ml impression
S.nans lbosa m paw paid closest '''cn'